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(영문) 서울남부지방법원 2017.11.24 2016노574
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. The crime of interference with the execution of official duties requires strict punishment for the establishment of public authority and the protection of legal order, and the degree of assault committed by the defendant is not weak, but the defendant has no record of being punished for the same kind of crime or sentenced to a stay of execution or more severe punishment, recognition of the crime and reflects the mistake in depth, and other factors of sentencing as shown in the records and arguments in this case, it is judged that the sentence imposed by the court below is appropriate, and it is too unreasonable, and the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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